Texas 2019 - 86th Regular

Texas House Bill HB2723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R22182 MP-F
2	1		By: Darby H.B. No. 2723
3		-	Substitute the following for H.B. No. 2723:
4		-	By: Lozano C.S.H.B. No. 2723
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to local ~~government and~~ other political ~~subdivision~~
10		-	~~regulation of certain solid waste facilities~~.
	6	+	relating to the authority of local governments or other political
	7	+	subdivisions.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. The heading to Section 361.095, Health and
13		-	Safety Code, is amended to read as follows:
14		-	Sec. 361.095. LOCAL PERMITS FOR [APPLICANT FOR] HAZARDOUS
15		-	WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [FACILITY
16		-	PERMIT EXEMPT FROM LOCAL PERMIT].
17		-	SECTION 2. Section 361.095, Health and Safety Code, is
18		-	amended by adding Subsections (a-1) and (g) and amending
19		-	Subsections (b) and (d) to read as follows:
20		-	(a-1) An applicant for a permit under this subchapter is not
	9	+	SECTION 1. Subchapter C, Chapter 361, Health and Safety
	10	+	Code, Section 361.095 is amended to read as follows:
	11	+	Sec. 361.095. APPLICANT FOR HAZARDOUS WASTE MANAGEMENT OR
	12	+	MUNICIPAL SOLID WASTE FACILITY PERMIT EXEMPT FROM LOCAL PERMIT.
	13	+	(a) An applicant for a permit under this subchapter is not
21	14		required to obtain a permit for the siting, construction, or
22		-	operation of a municipal solid waste ~~facility from a local~~
23		-	government or other political subdivision of ~~the state as a~~
24		-	~~prerequisite to a permit being issued by~~ the ~~commission~~.
	15	+	operation of a hazardous waste management or municipal solid waste
	16	+	facility from a local government or other political subdivision of
	17	+	the state.
25	18		(b) A local government or other political subdivision of the
26	19		state may not adopt a rule or ordinance that conflicts with or is
27		-	inconsistent with:
28		-	~~(1)~~ the ~~requirements for hazardous waste management or~~
29		-	~~municipal solid waste facilities as specified~~ by:
30		-	(A) ~~the rules~~ of ~~the commission; or~~
31		-	~~(B) [by] a permit issued by~~ the ~~commission; or~~
32		-	~~(2)~~ the ~~requirements for municipal solid waste~~
33		-	~~facilities under Section 361~~.~~011.~~
	20	+	inconsistent with the requirements for hazardous waste management
	21	+	or municipal solid waste facilities as specified by the rules of the
	22	+	commission or by a permit issued by the commission.
	23	+	(c) In an action to enforce a rule or ordinance of a local
	24	+	government or other political subdivision, the burden is on the
	25	+	facility owner or operator or on the applicant to demonstrate
	26	+	conflict or inconsistency with state requirements.
34	27		(d) The validity or applicability of a rule or ordinance of
35	28		a local government or other political subdivision may be determined
36	29		in an action for declaratory judgment under Chapter 37, Civil
37	30		Practice and Remedies Code, if it is alleged that the rule or
38		-	ordinance, or its threatened application, interferes with~~, [~~or]
	31	+	ordinance, or its threatened application, interferes with or
39	32		impairs, or threatens to interfere with or impair, the legal rights
40		-	or privileges of the plaintiff concerning an issued permit, an
41		-	application for a permit, or the issuance of a permit for the
42		-	siting, construction, or operation of a hazardous waste management
43		-	or municipal solid waste facility.
44		-	(g) This section does not prevent or limit:
45		-	(1) a county or municipality from exercising the
46		-	authority granted under Section 363.112; or
47		-	(2) a county from exercising the authority granted
48		-	under Section 364.012.
49		-	SECTION 3. This Act takes effect September 1, 2019.
	33	+	or privileges of the plaintiff concerning an application for or the
	34	+	issuance of a permit issued for the siting, construction, or
	35	+	operation of a hazardous waste management or municipal solid waste
	36	+	facility.
	37	+	(e) The local government or other political subdivision
	38	+	whose rule or ordinance is being questioned shall be made a party to
	39	+	the action. The commission shall be given written notice by
	40	+	certified mail of the pendency of the action, and the commission may
	41	+	become a party to the action.
	42	+	(f) A declaratory judgment may be rendered even if the
	43	+	plaintiff has requested the commission, the local government or
	44	+	political subdivision, or another court to determine the validity
	45	+	or applicability of the rule or ordinance in question.
	46	+	SECTION 2. This Act takes effect September 1, 2019.